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4 Cards in this Set
- Front
- Back
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Intro |
Vicarious Liability This is when the law imposes liability on a person other than the tortfeasor (usually an employee) |
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Requirement 1 |
1. Be an employee of the defendant a) Control test Mersey Docks and Harbour Board v Coggins and Griffiths b) Integration test Stevenson, Jordan and Harrison v Macdonald and Evans c) Economic reality (multiple) test Ready Mixed Concrete > all factors should be considered and weighed E v English Providence of our Lady of Charity 1) whether relationship was akin to employment. 2) Connection between actor and defendant. 3) Fair just and reasonable to impose liability ______________________________________________ There are also limited circumstances where there can be liability for the crimes of employees: · Where the tort/crime is closely connected with the nature of the employment JCE v Diocese of Portsmouth Diocesan Trust |
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Requirement 2 |
2. Be acting in the course of employment when the tort occurs a) tort falls within the course of employment: • Authorised acts (Poland v Parr 25) • Doing an authorised act in an unauthorised way (Limpus v London General Omnibus) • Doing an act in a careless manner (Century Insurance v Northern Ireland Transport) • Carrying out a tort which occurs during paid travelling time (Smith v Stages) b) there are also circumstances that are not within the course of employment: • A ‘frolic of his own’ (Hilton v Thomas Burton) • Acting outside employment (Beard v London General Omnibus) • Giving unauthorised lifts which do not benefit the employer (Twine v Beans Express) |
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Requirement 3 |
3. Have committed a tort
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